The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
Substitute for the Luna Amendment to CSHB 4 (beginning on
page 199, amendment packet) the following:
Amend CSHB 4 on page 41, by striking lines 21-24 and
substituting:
caused harm.
(a-1) The claimant may rebut the presumption in Subsection
(a) by establishing that:
(1) the mandatory federal safety standards or
regulations applicable to the product were inadequate to protect
the public from unreasonable risks of injury or damage;
(2) the manufacturer, before or after marketing the
product, withheld information required by or misrepresented
information provided to the federal government or agency that was:
(A) material and relevant to the federal
government's or agency's determination that the mandatory safety
standards or regulations at issue in the action were adequate; and
(B) causally related to the claimant's injury; or
(3) with respect to the manufacturer of a motor vehicle,
or a component thereof, after the product was sold and before the
alleged injury occurred, the manufacturer learned the vehicle or
component part contained a defect causally related to the
claimant's injury and to motor vehicle safety and failed to either:
(A) give notice to the federal government, or
agency of the federal government, that adopted or promulgated the
applicable safety standards or regulations; or
(B) give notice by first class mail to each person
registered under Texas law as the owner and whose name and address
are reasonably ascertainable by the manufacturer through state
records or other available sources, or if the registered owner is
not notified, to the most recent purchaser known to the
manufacturer.